Eric Jensen, Attorney At Law
General Information About Litigation
 in the Family Law Arena


Divorce Litigation
In most cases, a divorce settlement can be achieved without the intervention of the court, by some form of negotiation, Mediation or Collaborative means. When spouses are unable to come to an agreement, their case is then presented to the court.

The Supreme Court has the power to decide issues of divorce, property division, maintenance, support and custody. After the court hears evidence of the specific facts of the case, it will decide these issues based upon statutes (Domestic Relations Law) and precedent cases. Traditional dispute resolution is the option that most people know about.

Each person hires a lawyer to handle the divorce. Whether a person is negotiating a settlement or presenting a case to the court, he or she needs a knowledgeable and experienced family lawyer to get the benefit of all the law has to offer. The lawyer represents one spouse in the traditional attorney-client relationship that may involve litigation or result in a negotiated settlement. Litigation in court is costly from the financial and emotional perspective. However, certain family matters can only be resolved through litigation.

In order to litigate or negotiate a successful resolution as an attorney specializing in matrimonial litigation, I have extensive knowledge in business valuation and dissolution, pension and retirement benefits, income and tax consequences, valuation of advanced degrees and licenses, child support and custody arrangements.

I am also experienced in complex domestic relations cases including many appellate cases. However, I will recommend litigation as an option only after I have exhausted all efforts to resolve the case peacefully and with fairness and dignity.

The laws of equitable distribution of marital property are complex, dynamic and constantly changing. Before agreeing to a property settlement or before asking the court to divide property, it is very important to conduct financial disclosure to determine how and when the specific property and all other assets were acquired.

Separate property is not subject to equitable distribution by the court. An experience and skillful matrimonial lawyer will help to guide a client through the maze of the laws and disclosure devices which may affect the client's financial rights, obligations and the division of property.

Seriously pursuing alternatives to litigation, such as mediation, negotiation or collaborative law, will make the difference between getting a divorce and surviving a divorce. When a child's best interests is at stake, seeking peaceful co-parenting solutions to custody and visitation disputes will positively affect a child for the rest of his or her life.